Reflection And Construction Of Community Correction

Community correction originated in the 1960s in western countries. Nowadays, community correction system has been fairly ripened in such countries as Britain, America and Japan. While in our country this system, which is on the up in theory and practice, is being tried in 18 provinces, cities and autonomous regions. This paper starts with the discrimination of the definition and the related concepts of community correction, then through the origination, theoretical basis and reason-reviewing of community correction it points out the feasibility and emergency of this system. Through the investigation on the practice of domestic and international community correction, the paper reflects on the problems the experiment of community correction in our country, then puts forward some conceptions and suggestions.This paper is consisted of 4 chapters excluding the foreword and epilogue:Chapter one: General statement on community correction. It emphasizes on community correction's definition, related concepts, basic features and kinds in order to give the reader an outline of community correction's meaning. It thinks that community correction is not only a method to reshape the criminals in community, but also including release-before-sentence and treating of not-sentence, investigation before sentence , keeping an eye on residence , insurance await trial , probation and other replacing measures of punishment, measures after release. As a system, it includes punishment kind, measures of penalty, criminal execution system, but gives emphasis on criminal execution system.Chapter two: Theoretical basis of community correction. It states the origination and the development of community correction, briefly introduces Criminal Execution Effect and Punishment-Modest-Restrain Idea, Different-Defection Theory and Label Theory of Criminology, Back-to-Society Theory, Criminal Compensation Theory, Recovery Administration of Justice and Economic Criminal Execution Theory, discusses the theoretical basis of community correction , elaborates that community correction can promote criminals back to society, save to resources of criminals execution, keep the society steady, at the same time also points out that community correction can result into such defects as expansion of society- control network , dropping of the deterrence force , arbitrariness of work and so on.Chapter three: Investigation on community correction in China and foreign countries. It briefly introduces something about community correction in 3 representative countries such as America, Britain and Japan, has a comment on 4 aspects such as the norm of law, application, decision office , execution and major measurement in western countries. Then it reviews on the earliest sprout as well as the present experimental work of community correction in our country. Reference to foreign countries' mature experience, this chapter gives a reflection on lacking of norm, executing unit being apart from working unit, community correction being apart from prison correction, the punishment idea of the masses and the lag of community organization constructions.Chapter four: Construction of community correction of our country. This is the aim of this paper. The author thinks, nowadays, the biggest puzzle for community correction of our country is the legal and mechanical restriction. Therefore, we must set up the criminal policy of lightening the light and aggravating the serious, coordinate prison correction with community correction, promote to change the basic idea of criminals execution. We also should modify Criminal Law and Criminal Procedure Law, legislate Community Correction Law, confirm the main qualification of judicial executive authority, strengthen community correction workers and social aspiration troops construction, establish sound community correction management mechanism. Furthermore, we need establish scientific evaluation system, reinforce the control of corrected object, strict legal inspection and supervision, prevent and reduce the corruption of administration and justice, ensure community correction develop healthily.